The Portuguese tax regime is set for more changes this year because of the country's agreement with the IMF and the European Commission. The changes are expected to come into force in 2012 and will include abolition of all reduced rates of corporate ...
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The Portuguese tax regime is set for more changes this year because of the country's agreement with the IMF and the European Commission. The changes are expected to come into force in 2012 and will include abolition of all reduced rates of corporate income tax, reduction of the period for carry-forward losses to three years and a rise in VAT.
Tax practitioners are unanimous that this will make the business environment in Portugal very difficult in the coming years. In particular, there was concern that the reduction of carry-forward losses to three years, a change one practitioner called "truly remarkable," would discourage much needed foreign investment in Portugal. "This is a huge problem, let's be realistic. If you invest in some sectors, for example renewable energy or in hotels, it is not possible to make profits inside three years. We are limiting our ability to grow economically," said one tax adviser. However, the expectation is that the privatisation of public sector services may prove a silver lining as many practitioners predict the process to encourage activity in the M&A market. One practitioner also commented that they had already observed a rise in the number of private-equity funds investing in Portugal as they attempt to buy into companies at the bottom of the market. "Most of the harm has been done already. There will be opportunities," they note.
As tax authorities have sought to collect more revenue, transfer pricing and tax litigation have been dominant features of the market this year. And practitioners note that working alongside the tax authorities has been much harder than in previous years.
"Because they are under so much pressure to increase receipts, they are looking to impose charges wherever possible. This means it can be uncertain how some matters will be treated. Before, it was possible to resolve any uncertainty by approaching the local tax office and discussing the matter but now if you have problems you have to go to the national head office to address them," observes one tax partner.
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